MATTER OF CONLON v. McCOY


22 N.Y.2d 356 (1968)

In the Matter of James P. Conlon et al., in Behalf of Themselves and All Others Similarly Situated, Appellants, v. Thomas F. McCoy, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Appellant; Samuel Lobel et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided June 14, 1968.


Attorney(s) appearing for the Case

Charles Haydon for James P. Conlon and others, appellants.

Lawrence N. Marcus for Thomas F. McCoy, appellant.

Morris Weissberg for intervenors-respondents.

James P. Durante and Lawrence W. Boes for Supreme Court Uniformed Officers Association, amicus curiæ.

Judges BURKE, SCILEPPI and BERGAN concur with Judge JASEN; Judge KEATING dissents and votes to reverse and to reinstate the judgment of Special Term on the dissenting opinion at the Appellate Division; Judge BREITEL dissents and votes to affirm on the majority opinion at the Appellate Division; Chief Judge FULD taking no part.


JASEN, J.

Petitioners brought this proceeding pursuant to CPLR article 78 to compel respondent (a) to cancel an open competitive examination for Senior Court Officer in the Unified Court System, and to fill vacancies in that position only by promotion examination; and (b) to limit eligibility for a promotion examination to Assistant Court Clerk in the Unified Court System

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